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Schnader Attorneys Help Overturn 23-Year-Old Philadelphia Murder Conviction via DNA Testing

In September, 2014, Schnader attorneys helped to secure an overturned conviction and new trial on behalf of Anthony Wright, who, despite proclaiming his innocence, was convicted in 1993 of the rape and murder of a North Philadelphia woman. Police claimed that Mr. Wright voluntarily gave a signed confession to the crime after only fourteen minutes in custody. In 2003, he obtained the help of the Innocence Project, a national litigation and public policy organization dedicated to exonerating wrongfully convicted people. Following the Innocence Project’s long legal battle to test DNA collected at the time of the crime including a Pennsylvania Supreme Court ruling in Mr. Wright’s favor, the DNA results excluded Mr. Wright as a contributor to seminal fluid and identified another man as the source.

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Schnader Successfully Obtains Complete Acquittal on Murder Charges Against William J. Barnes

In May, 2010, Schnader attorneys successfully obtained a full acquittal on murder charges brought against the Firm’s pro bono client William J. Barnes. Barnes was charged with causing the death of Philadelphia Police Officer Walter T. Barclay in 2007, 41 years after Barnes had shot and partially paralyzed Barclay.
Schnader attorneys never disputed that Barnes had shot and seriously injured Barclay. However, in the time since the shooting, Barclay had been involved in three auto accidents and two wheelchair accidents. He also experienced significant neglect and abuse at the hands of his live-in caregivers, all of which led to a decline in his health. Schnader lawyers argued that there was no “unbreakable chain” of causation linking the gunshot to the fatal infection that took Barclay’s life.
After the verdict acquitting him, however, Barnes remained incarcerated on a technical parole violation. When the State Board of Probation and Parole refused four times to grant him parole on pretextual grounds, the Schnader team filed a habeas petition, challenging the denial of parole as a violation of Barnes’ constitutional rights. A federal judge agreed, and nearly two years after his acquittal, Barnes was finally paroled.

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Schnader Secures New Trial for Man on Death Row Almost 20 Years

A team of Schnader attorneys led by Samuel W. Silver and Bruce P. Merenstein secured a significant victory when the Third Circuit vacated the conviction of a man who had once been sentenced to death, and ordered the Commonwealth of Pennsylvania to release him or give him a new trial. In an opinion filed on April 18, 2006, the court found that Florencio Rolan – who was convicted of murder almost 22 years ago years before – received ineffective assistance of counsel at his original trial, and therefore his appeal for a new trial should be granted.
Mr. Rolan was convicted of first-degree murder in 1984, and sentenced to death. In 1997, Schnader succeeded in getting Mr. Rolan’s death sentence vacated and in 2003 the team won a life sentence at his new sentencing trial.

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Death Sentence of Pro Bono Client Vacated in Collaboration with Dechert LLP

On April 30, 2004, the Philadelphia County Court of Common Pleas vacated the death sentence of Simon Pirela, a mentally retarded prisoner who was born in Puerto Rico and who has been on Pennsylvania’s death row since 1983. Mr. Pirela has been a pro bono client of both Schnader and Dechert LLP. This decision was one of the first to apply the U.S. Supreme Court’s 2002 decision in Atkins v. Virginia, 536 U.S. 304 (2002), which categorically barred the execution of mentally retarded individuals. The decision in Commonwealth v. Pirela came after a 10-day evidentiary hearing at which the team presented extensive evidence regarding Mr. Pirela’s brain damage and associated mental limitations.

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Victory in Death Penalty Resentencing Case

On May 2, 2003, a team of Schnader lawyers, led by partner Sam Silver, won a life sentence at a resentencing trial for client Florencio Rolan, who had been on death row since 1984. The case was tried before a Philadelphia jury over two weeks. In 1997, Schnader succeeded in getting Mr. Rolan’s death sentence vacated.

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Third Circuit Draws on Schnader’s Amicus Brief in COPA Decision

On March 6, 2003, the U.S. Court of Appeals issued its decision holding the Child Online Protection Act (COPA) unconstitutional, ACLU v. Ashcroft, 332 F3d 240. By its terms, COPA prohibited knowingly publishing material that is “harmful to minors” on the Web for a commercial purpose. The Third Circuit Court of Appeals held that COPA was not narrowly tailored, and did not use the least restrictive means to achieve its ends. The Court of Appeals concurred with the analysis presented by the friend-of-the-court brief filed by Schnader, and cited extensively to the arguments made in that brief. As part of Schnader’s longstanding tradition of pro bono representation and constitutional litigation, the Firm filed its brief to emphasize how COPA is overbroad in criminalizing material that has First Amendment value for adults.

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Third Circuit Ruling Clarifies Exhaustion Requirement of Prison Litigation Reform Act

In late November 2002, Bruce Merenstein and Nancy Winkelman won a landmark ruling from the U.S. Court of Appeals for the Third Circuit that clarifies the meaning of the “exhaustion” requirement of the Prison Litigation Reform Act (PLRA). Bruce and Nancy handled the appeal on behalf of a prisoner, Samuel E. Brown, who alleged that he had been severely beaten by other prisoners, that prison officials had shown deliberate indifference to serious medical needs and that they had unlawfully retaliated against him for filing a grievance asserting inadequate medical care. All of Mr. Brown’s claims had been dismissed in the District Court. Bruce handled the oral argument before the Court of Appeals.

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Schnader Team Co-Counsels for Extraordinary Acquittal for Former Death Row Inmate

A team of Schnader lawyers led by Paul Titus, working with Thomas Leslie of the New Castle bar, won an extraordinary victory in May 2002 – obtaining an acquittal for their client, Thomas H. Kimball, in a new trial in Lawrence County, Pennsylvania on first-degree murder charges. Kimball had been convicted of first degree murder and sentenced to death in 1996 for the stabbing deaths of Bonnie Dryfuse, her two daughters and her niece, who were just 7, 6 and 4-years old, respectively, at the time of their deaths.

While preparing for the retrial, Paul uncovered a key piece of medical evidence that had previously been overlooked. Kimball is a hemophiliac, and had checked into a drug rehabilitation center the day after the murders, and a routine full physical showed he had no bruises or marks on his body. DNA evidence also proved critical. There was no evidence of Kimball’s DNA anywhere at the crime scene; however, the DNA of the victim’s estranged husband was found on several washcloths in the bathroom. Moreover, the estranged husband was at the crime scene on the day of the murder and, according to testimony, was the person who found the bodies. In addition, an evidence photo taken the day of the murder by police showed that the estranged husband’s hands were covered with cuts and bruises. Paul Titus presented this and other key medical evidence to the jury.

After twelve hours of deliberation, the jury returned a unanimous verdict of not guilty.

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The Higher Calling Of The Law Requires...

Inclusion. When Pennsylvania Attorney General William Schnader left politics and sought to return to private practice in Philadelphia, he discovered that no major Philadelphia law firms would hire his protégé, Bernard Segal, a Jewish attorney. In response, in 1935, William Schnader, Bernard Segal and Francis Lewis formed a new law firm, Schnader & Lewis -- the first religiously integrated law firm in Philadelphia.

Innovation. Because Schnader was religiously integrated from its founding, many local clients in the Philadelphia area would not retain the firm in the 1930s and 1940s. Accordingly, the firm sought to represent larger, national companies.

Vision. Firm founder William Schnader was president of the National Conference of Commissioners on Uniform State Laws, which drafted and developed the Uniform Commercial Code. He successfully campaigned for the Code's adoption in 49 states.

The pursuit of freedom. At the request of President Truman, firm founder Earl Harrison, as Commissioner of the Immigration and Naturalization Service, toured displaced persons camps at the end of World War II and recommended to the President that displaced persons in Europe be permitted to resettle in Palestine. His report was a major factor that led to American support for the establishment of Israel.

The pursuit of justice. Firm founder Earl Harrison testified on behalf of an African-American student denied entry to the University of Texas School of Law because of his race. The case challenged the "separate but equal" doctrine, as applied to state law schools and laid the foundation for Brown v. Board of Education. The Supreme Court eventually overturned the lower courts' decisions and ordered the University of Texas to admit qualified black applicants.

Courage. Firm founder Bernard Segal convinced the Philadelphia bar to defend nine accused Communists pro bono. The defendants were convicted but their cases were thrown out on appeal. As a result, the Justice Department abandoned Smith Act prosecutions across the country.

The pursuit of justice. When George Wallace threatened to block integration of the University of Alabama, Schnader’s Bernard Segal drafted a statement in opposition. He and Jerome Shestack called lawyers all over the country requesting their support. The statement was published in the Birmingham News with 53 prominent lawyer signatories and provided support for President Kennedy's Executive Order federalizing the Alabama National Guard.

The pursuit of justice. In the wake of George Wallace's efforts to impede the integration of the University of Alabama, and at the urging of Schnader’s Bernard Segal, President Kennedy convened 244 lawyers at the White House to ask them to move the battle for civil rights and racial equality to the courts. The Lawyers’ Committee for Civil Rights Under Law was born and Jerome Shestack became its full-time executive director while continuing to practice at Schnader.

Inclusion. Firm founder Bernard Segal was chair of the ABA’s Committee on the Federal Judiciary. He advocated the appointment of federal judges of all genders and races.

Inclusion. Firm founder Bernard Segal was the first Jewish person to serve as Chancellor of the Philadelphia Bar Association. He encouraged the bar into public service and expanded its racial horizons.

Inclusion. Schnader was one of the first major Philadelphia firms to hire a female attorney.

Diversity. Schnader was a founding member of the Philadelphia Diversity Law Group, which aims to increase the number of diverse attorneys in-house and in private practice.

Inclusion. The firm appointed Albert Dandridge as Chief Diversity Officer and charged him with increasing and developing our bench of diverse attorneys.

Service. The firm adopted Caton Village (now closed), a halfway house for women in Philadelphia, where we provided free legal clinics and social and educational activities for its residents.

Service. Schnader lawyers regularly represent undocumented children who were abused or abandoned by their parents. We help these children obtain guardians, stop removal proceedings, and begin the path to citizenship.

Service. As U.S. veterans waited an average of four years for a ruling on the denial of their disability benefits, Schnader attorneys led a campaign advocating for a solution to address the backlog.

The pursuit of justice. Schnader attorneys represented Guantanamo Bay detainees, advocating for fair treatment and due process against a byzantine legal landscape.

Service. With a nonprofit partner, Schnader attorneys and staff designed and taught a pilot life skills seminar for young adults aging out of the foster care system. The program included lessons on securing vital documents, opening a bank account, looking for jobs and going to an interview.

Service. Schnader attorneys help middle school students in Pittsburgh set up a youth court, prepare for mock trials and draft a bill of rights for their school. The students learn about Constitutional law, advocacy and restorative justice from participating in these programs.

Service. Bernard Segal, a founder of the firm, believed that Schnader's hallmark is its "dedication to the higher calling of the law," which he defined as "the lawyer's obligation to assume an active role in the pursuit of a just and ordered society, in helping to solve the emerging problems of social, economic and political importance, and to serve the public as his or her client, as she or he would serve a full-paying client."